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12/01/08 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS MELT] AT 7:00 P.M., MON-DAY, DECEMBER 1, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PA MELA B. K.ENNEDY PRESIDED. COUNCIL MEMBERS ,JIM ATKINSON, KARI GABRIEL, BOB HAF.FERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, DANK OLSON, AND WAYNE SAVERUD WERE PRESENT. Also present: Acting City Manager Mike Baker, City Attorney Charles Harball, City Clerk Theresa White, Assistant Chief of Police Roger Krauss, Acting Fire Chief Dan Diehl, Public works Director Jim Hansz, Finance Director Amy Robertson, Planning Director Torn Jentz, Senior Planner Sean Conrad, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The emotion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Revilar Meeting -- November 17 �008 2. ordinance _ 165.0.. — Zoning with PUD Placeholder — Gardner Investments. LLC — 2nd Readin A zoning designation of B-5 with a PUD placeholder is being proposed for approximately 81.59 acres of land located on the east side of Highway 93 South. ordinance 1650 passed unanimously on first reading November 17. 3. ordinance 1651 — Planned Unit Development Overlay Zonin2 District — Valley Ranch — 2nd Readin Gateway Properties, Inc. has requested a PUD overlay zoning district on an 80 acre project site located on the east side of Highway 93 approximately 11/2 miles north of the intersection of Highway 93 and West Reserve Drive. ordinance 1651 passed unanimously on first reading November 17. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes December T., 2008 Page 1 C. STUDENT ISSUES None. D. PUBLIC COMMENT Allen Bardwell, 2035 Airport Road, KPD Sergeant, stated we need every officer we have to patrol the valley and we cannot afford staff cuts; people don't care about budget problems when they need a police officer. Angela Mielke, 280 Buttercup Loop, KPD Dispatcher, commented that officers' safety is the highest priority of the dispatchers and cutting a part-time dispatcher would hurt their ability to manage calls and officer safety. Frank Garner, Former Kalispell Police Chief, expressed concern that KPD personnel and professional training could be cut. He stated people are the greatest asset you have. Callie Langohr, 130 Crestline Avenue, principal of Glacier high School, asked that the School Resource Officer program not be cut. She said you can tell the difference when the SRO is at school because the kids' behavior is different. Doug Overman, 5 84 4th Avenue WN, KPD Officer, emphasized various officer's awards and achievements stating that four of them have been chosen as Montana's Police officer of the Year. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EI1, ORDINANCE 1652 — REMOVING PROPERTY FROM KAL ISPELL ZONING MAP — BAY RIDGE ESTATES -- 2ND READING - The City Council, on a vote of five -to -four November 17, rescinded the annexation of approximately 19 acres of property designated for the Bay Ridge Estates Subdivision. At the same time, and with another five -to -four vote, the Council also voted to remove the property from the City's zoning reap. Larson moved second reading of Ordinance 1652, an ordinance to amend Ordinance 1627, which amended Section 27.02.010, official zoning map, City of Kalispell Zoning ordinance, (ordinance No. 1460), by removing the zoning for certain real property as described on Exhibit "A" located in Section 2, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana from City R.-3 (Single Family Residential) and to provide an effective date. The motion was seconded. Hafferman commented that if there are structures involved in an annexation we need to have an agreement of responsibility for the interim period before the final plat is filed. Gabriel remarked the City doesn't arbitrarily annex and she thinks this process has been odd, adding this will eventually come before Council again for annexation. Kalispell City Council Minutes December 1, 2008 Page 2 There was no further discussion. The motion carried upon roll call vote with Atkinson, Rafferman, Larson, Olson, and Saverud voting in favor, and. Gabriel, Kenyon, Kluesner and Mayor Kennedy voting against. E/2. RESOLUTION 5329A — HIGHWAY 93 SOUTH/SIDERIUS COMMONS ADOPTING GROWTH POLICY AMENDMENT — OR — RESOLUTION 5329B — HIGHWAY 93 SOUTH/SIDERIUS COMMONS — REVISING GROWTH POLICY AMENDMENT — OR — RESOLUTION 5329C — HIGHWAY 93 50UTH/SIDERIUS COMMONS — REJECTING GROWTH POLICY AMENDMENT The Siderius Family Limited Partnership and the Planning Board are requesting an amendment to the Kalispell Growth Policy Future Land Use reap for 550 acres currently designated for commercial, industrial, and suburban residential land uses. Atkinson moved Resolution 5329A, a resolution adopting an amendment to the Kalispell Growth Policy 2020, to be known as the Highway 93 South/Siderius Commons Growth Policy Amendment. The motion was seconded. Conrad gave a staff report and answered questions. Kenyon commented this is another case where our planning is being directed by developers. There was no further discussion. The motion carried unanimously upon roll call vote. E/3. MEMORANDUM OF UNDERSTANDING — CAD GRANT This MOU between the City of Kalispell and Flathead County outlines the responsibilities and timeline in administering a grant for the Computer Aided Dispatch equipment and training for the consolidated 911 center. Larson moved Council authorize the City Manager to execute the Memorandum of Understanding between the City and Flathead County for administering the Computer Aided Dispatch grant. The motion was seconded. Diehl gave a staff report and answered questions. The motion carried unanimously upon vote. Kalispell City Council Minutes December I, 2008 Page 3 BOARD APPOINTMENT —SKATEBOARD PARK COMMITTEE James Reeves is requesting appointment to the Skateboard Park Committee which still has room for an additional six members. Mayor Kennedy recommended the Council appoint James Reeves to the Skateboard Park Committee. Larson moved Council confirm the Mayor's recommendation and appoint James Reeves to the Skateboard Park Committee. The motion was seconded. There was discussion concerning Reeves' background. The motion carried unanimously upon vote. F. MAYOR/COUNCILICITY MANAGER'S REPORTS (No Action) Olson said he was concerned that the City's budget could be additionally impacted by snow plowing, however, Robertson explained the money for snow plowing does not come out of the General Fund. Baker stated he will contact James Reeves to inform hint of the upcoming Skateboard Park Committee meeting. Baker announced that Webb will be back in the office on Wednesday. G. ADJOURN The meeting was adjourned at 7:56 p.m. ATTEST: Theresa White City Clerk Approved December 15, 2008 Kalispell City Council Minutes December 1, 2008 Page 4